Whiplash is the term given to neck and upper back injuries caused by the rapid movement of the neck and head backwards and forwards. These types of injuries are very common in car accidents, which involve occupants with restrained bodies and unrestrained heads.
Unfortunately, there is no easy answer to what a whiplash case is worth. The value of a “whiplash” case can vary greatly depending on the specific characteristics of both the injury and the injured person. Whiplash type injuries can result in small amounts of temporary neck pain or they can result in injuries of great severity and duration. Whiplash-type events are notorious for causing severe injuries such as mild traumatic brain injuries and fibromyalgia.
As in other assessments for pain and suffering, the courts are likely to look at the following factors when assessing the value of a whiplash case:
- age of the plaintiff;
- nature of the injury;
- severity and duration of pain;
- disability;
- emotional suffering;
- loss or impairment of life;
- impairment of family, marital and social relationships;
- impairment of physical and mental abilities;
- loss of lifestyle; and
- the plaintiff’s stoicism.
http://www.canlii.org/en/bc/bcca/doc/2006/2006bcca34/2006bcca34.html
Basically, from a legal point of view whiplash injuries are not unique. The courts will assess their value using the same methodology they would use for any injury.
A major issue with whiplash injuries is they almost always consist solely of soft-tissue injuries, which unlike a broken bone, cannot usually be objectively observed – although in some cases symptoms such as muscle tightness and lack of range of motion can be objectively observed by doctors. Thus, the credibility of the injured party plays a greater role in determining the amount of the award. When dealing with injuries that are likely to attract credibility attacks, the value of hiring an experienced personal injury lawyer is increased.
